Court mulls diversionary programs for former UBS exec

Jeff Morganteen, Staff Writer

Published 10:18 pm, Monday, April 12, 2010

STAMFORD -- Prosecutors on Monday said the former UBS executive accused of possessing a loaded .45-caliber handgun while driving with a blood-alcohol content nearly three times the legal limit should not enter a program that could dismiss his drunk-driving charges.

In February, Peter Mullen, 41, of Norwalk, was stopped at a sobriety checkpoint while coming from a Stamford strip club and told officers he had a loaded pistol in a holster on his hip. He allegedly failed a field sobriety test and his blood-alcohol content was tested twice, registering at .22 and .23, police and prosecutors said. The legal limit is .08.

"It put police officers at the checkpoint at risk," said Deputy Assistant State's Attorney Michelle Bredefeld about possession of a firearm with that level of intoxication and impaired judgement. "It's too serious and to reckless to be program-eligible."

Mullen's attorney, Joseph Collarusso, argued the court should accept his client's application for both the state's alcohol education program and accelerated rehabilitation, a first-time offender program that could wipe his record clean of the misdemeanor charge of carrying a firearm while under the influence of alcohol.

"This man comes before the court with an entire life of good deeds," Collarusso said.

Collarusso said Mullen lost his job because of the arrest and suffered a "devastating" financial loss.

According to the UBS Web site, Mullen was a first vice president of investments for its private wealth management offices in Stamford. Collarusso added that defendants accused of more serious crimes than Mullen are admitted into accelerated rehabilitation programs.

"We come to a court with a moral bank account and every once and a while we need to cash in," Collarusso said.

After police Sgt. Andrew Gallagher told the court he objected to Mullen's application to enter into accelerated rehabilitation because the choice to bring a loaded gun to a strip club that night showed "a level of decision-making that is very lax."

Judge William Wenzel said the court should be concerned about whether Mullen would offend again after being admitted to the programs.

"That's the real danger," Wenzel said, adding he needed time to decide whether to accept Mullen's applications into the programs.

Around 11:30 p.m. on Feb. 2, officers stopped Mullen at a sobriety checkpoint set up on Elm Street. They asked him routine questions, and then requested his registration, police said. He allegedly flipped past his registration twice, which led police to ask him to step out of his Audi. He failed a field sobriety test, and while being arrested, told police he had a firearm in a holster on his hip, police said.

Officers found a .45-caliber Wilson combat pistol on his hip, police said. It was loaded with eight bullets and had a round in its chamber. Mullen initially told police he was driving from Rye, N.Y., but when pressed about not having a New York state permit for his pistol, told officers had was coming from a Stamford strip club.

Mullen is due back in court April 26 when the judge should make a decision on his diversionary program applications.

Staff Writer Jeff Morganteen can be reached at jeff.morganteen@scni.com or 203-964-2215.